Legal Opinion

Terre Haute, Indianapolis & Eastern Traction Co. v. Frischman

Indiana Court of Appeals

Decided December 23, 1914No. 8,475PublishedCited by 10 opinions

From Olay •Circuit Court; John M. Bawley, Judge. Action by George Frischman, administrator of the estate of Mary Frischman, deceased, against the Terre Haute, Indianapolis and Eastern Traction Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtIbach, J.

In this action appellee as administrator recovered $3,000 as damages for the death of his daughter, caused by the negligence of appellant in suddenly jerking a summer ear in the city of Terre Haute on which she was a passenger, throwing her out and causing her death.

*4541. 2. 3. *453Er-ror is argued in failing to grant appellant’s motion *454for a new trial, and it is insisted that the court erred in giving to the jury instructions Nos. 2, 3 and 5, and in admitting certain testimony of appellee. By instruction No. 2 the jury was told that if the “plaintiff established by a fair preponderance of the…

2Cases cited3 opinions

  1. Peabody-Alwert Coal Co. v. YandellIndiana Supreme Court · 1913
  2. Louisville & Southern Indiana Traction Co. v. KorbeIndiana Supreme Court · 1910
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ReedIndiana Court of Appeals · 1905

3Cited by10 opinions

  1. Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1933
  2. Northwest States Utilities Co. v. BrouiletteWyoming Supreme Court · 1937
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MacyIndiana Court of Appeals · 1915
  4. Northern Ind. Pub. S. Co. v. W.J. and M.S. VeseyIndiana Supreme Court · 1936
  5. Chesapeake & Ohio Railway Co. v. PerryIndiana Court of Appeals · 1918

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